The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule transportation. More spacically the service of the company only enable the user of the application to arrange transporation service with the third party, transportation povider . Basically, Company act as the connecting medium between the passenger and transportation provider.The Company is only liable to provide information to the user of the Application and at no time shall be responsible for providing any transportation by itself.
The Services available to you are only for your sole personal use and not be used by your for any commercial purpose.
3. NOT A TRANSPORTATION PROVIDER
The company only provide the technology which shall act as a medium connecting the passangers with the transportation provider ,The company does not provide transportation services and the company is not a transportation provider. It is up to the third-party transportation providers to offer transportation services to you and it is up to you to accept such transportation services. The service of the company is to link you with such third-party transportation providers, but does not, and nor is it intended to, provide transportation services or any act that can be construed in any way as an act of a transportation provider.
The Application is intended to facilitate and offer you transportation service to the respective passengers and customer.
You at all time undestan that it is the third party transportation provider who is providing the transportation. It is upto the transportation provider to offer you transportation and he may reject so acordingly and the company bears no respond that is the onsibility into such rejection
4. RIGHT TO REFUSE AND BLACKLIST
Notwithstanding anything herein written, The company at all times reserves the right to blcklist you at its sole and discreation tempory as well as permanently and reject your request to use the Application for resons it deems appropriate which can include receipt of compaints from the transport behaviour or for any misbehavior on your part. The Company would also take very seriously any complaints made by the company’s employees, law enforcement agencies, authories of government and any other relevant person.
5. REPRESENTATIONS AND WARRANTIES
Without limitation to the generality of the foregoing, by using the Software or the Application and availing the services of Digital Ride you agree that:
You shall not
You may only use the Software and/or the Application to obtain the services as permitted in the Agreement and you may not use the Software and/or the Application to:
a. Payment may be made by you to the transportation provider by cash or any other method provided in the Application.
b. You are needed to make complete payment to the third party transportation provider once you have finished a voyage using the Service and such payment is non-refundable. If you have any complaints about the transportation service provider, the dispute must be addressed directly with the third party transportation supplier.
You agree that this agreement is subject to all current statutory taxes,obligations, fees, charges and/or expenses, however denominated, as may be applicable in Bangladesh and in connection with any future taxes that may be imposed at any moment.You also agree to make every effort to do whatever is necessary and required by the applicable laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund inrespect of any taxes paid or payable in connection with the Service provided under this Agreement.
9. INTELLECTUAL PROPERTY OWNERSHIP
The Company and its licensors shall, where applicable, own all intellectual property rights, title and interests that are included in the Application. Software, Company name, its logo as well as that of any logo or mark of the transportation provider and any product associated with the Application. The Company shall be the sole owner with relation to matters connected with Software and Application.
To avoid doubt, the word herein includes its corresponding parts, procedures and design in its entirety, the Software and the Application.
Any confidential or proprietary information received by either party and/or its representatives, employees, agents, etc. (which is not generally known to the public)under and/or under this Agreement and/or the terms and conditions of this Agreement shall be maintained in the strictest confidence and confidence during the term of this Agreement and thereafter. Passenger and driver telephone numbers shall be kept confidential and shall not be used for any other purpose except for the services specified in this Agreement.The restrictions contained herein above shall continue to apply after the termination of Agreement for perpetuity.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information
11. PERSONAL DATA PROTECTION
Under this Agreement, you agree that for the purpose of using it in the Agreement, the Company will use and process your Personal Data. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
If you do not provide your personal data, you understand that in the Application the company will not be able to process your account and you may not be able to use the Application.
The Company may use and process your Personal Data for business and other related activities of the Company which shall include, without limitation the following (“the Purpose”):
If you refuse to give permission to the company processing your personal data for any of the purposes, please notify the company using the support contact information given in the Application.
If you alter any private information, such as your e-mail address, phone number, payment details or if you wish to cancel your account, kindly update your information by sending your application to the contact information given in the Application for Support. We will make adjustments as required within twenty (20) working days of receiving such notification of change to the best of our skills.
When you submit the data, you agree that such data may be used by the Company.
12. THIRD PARTY INTERACTIONS
You may join correspondence with, provide services to, or engage in third-party promotions during the use of the Service, but it should not belong to any rivals doing the same business line as the Instant Company. Such promotion shall be limitedted to displaying written advertisements that may include placing a sticker on the veheicle, distributing flyers or pamphlets, etc., ensuring that such advertisement does not disturb the passenger or cause any discomfort. For any such correspondence, buy, transaction or promotion between you and any such third party, the Company and its licensors shall have no liability, duty or responsibility. However, you acknowledge that certain third-party transportation suppliers will require that you agree to extra or different terms and conditions before using or accessing such advertisements, and the Company is not a party to and disclaims any and all liability and/or liability resulting from such contracts between you and third-party suppliers. You must ensure that the advertisements are not defamatory at all times or promote the Company's competitor services.
13. REPAIR OR CLEANING FEES
You agree that at all times you shall indemnify, defend and hold the Company, its employees, its licensors, subsidiaries, officers, directors, members, attorneys, employees, its agents harmless a from all claims, damages or costs and any other expenses among others the following:
15. DISCLAIMER OF WARRANTIES
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service, the application and/or the software. You acknowledge and agree that the entire risk arising out of such use of the services remains solely and absolutely with you and you shall have no recourse whatsoever against the company.
The company does not represent or warrant that (a) the use of the service, the application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained bfy you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the third party transportation provider. The service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
Furthermore, the company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, the application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to the company.
16. INTERNET DELAYS
The service, the application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
17. LIMITATION OF LIABILITY
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Bangladesh or where judgment of a Bangladesh court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Bangladesh International Arbitration Centre (“BIAC”), in accordance with the Rules of the BIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Dhaka, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.